Background
Brett Cooper is the Managing Partner at BC Law Group, P.C., a firm that he started with his long-time colleagues to better serve his clients.
For more than 20 years, Brett has represented both plaintiffs and defendants in complex litigation, often with technology at the core of the dispute. Brett has extensive experience in all stages of patent litigation from pre-suit investigation all the way through post-trial appeal. He has a broad range of technical knowledge based on his formal education, work as an engineer, and experience as an attorney providing him the ability to explain engineering intricacies in simple terms. He has successfully litigated in many federal district courts across the country, the International Trade Commission (ITC), the Court of Appeals for the Federal Circuit, and the Patent Trial and Appeal Board (PTAB).
Prior to joining BCLG, Brett was a partner at McKool Smith, growing the New York IP practice for almost 14 years, going from four lawyers by an order of magnitude to 40 lawyers. Prior to that, he served as a law clerk for the Honorable Joanna Seybert in the Eastern District of New York and earlier in his career worked at Proskauer Rose and Weil Gotshal.
Brett has written numerous articles for IP Law360 as an invited contributor. In both 2019 and 2020, IP360 awarded his articles “most-read” status among their readers. He is frequently called upon to speak about patent litigation issues and has appeared at several Licensing Executive Society conferences, Practicing Law Institute meetings and, as a guest lecturer at St. John’s School of Law. Brett is also a registered patent attorney with the United States Patent and Trademark Office.
Brett also serves as the co-chair of the Patent Litigation Committee of the New York Intellectual Property Law Association.
Before (and while) attending law school, Brett was an engineer for the state of New York and later for a joint venture of Air Products and Chemicals and Browning Ferris Industries called American Ref-Fuel Company, which generates energy from refuse and conducts related business activities. Brett is qualified in Fundamentals in Engineering (FE). In his personal life, Brett was elected seven consecutive times as a Trustee of the Village of Hewlett Neck and thereafter was elected to serves as the Village Justice, a role which he still serves in.
EDUCATION
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Bachelors of Science, Mechanical Engineering, Tufts University, 1990
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Master of Science, Environmental Engineering, Tufts University, 1991
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J.D., St. John’s University, 2001
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Law Review – Executive Articles Editor
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Cum Laude
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COURT ADMISSIONS
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State of New York
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U.S. Court of Appeals, Federal Circuit
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U.S. Patent and Trademark Office
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U.S. District Court, Southern District of New York
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U.S. District Court, Eastern District of New York
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U.S. District Court, Eastern District of Texas
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U.S. District Court, Western District of Texas
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U.S. District Court, District of Colorado
Representative Matters
Scramoge Technologies Ltd. – Counsel for Scramoge in the Western District of Texas, the Central District of California, the Northern District of California, and the Eastern District of Michigan asserting patents that cover wireless charging technology encompassing essential aspects of wireless power receiver and transmitter implementations.
Aire Technology Ltd. – Counsel for Aire in the Western District of Texas asserting patents that relate to digital “contactless” payments.
Speir Technologies Ltd. – Counsel for Speir in the Northern District of California asserting patents that relate to wireless communication and secure subsystem technologies.
Brita GmbH – Counsel for Brita in the ITC (1294) regarding gravity fed water filtration devices.
Wi-LAN, Inc. – Counsel for Wi-LAN in the Southern District of California, recently securing $145 million and $85 million damage verdicts against Apple concerning two patents related to voice over LTE (“VoLTE”) wireless communication technology.
Clear Imaging LLC – Counsel for Clear Imaging in the Eastern District of Texas against Samsung for camera and digital image processing technology.
Nokia Technologies – Counsel for Nokia in the ITC (1208) against Lenovo involving H.264 video coding technology.
BMC Software Inc. – Counsel for BMC Software, the leading provider of information technology service management (ITSM), in litigation (and inter- partes reviews) against ServiceNow in the Eastern District of Texas, Cherwell in the District of Colorado, and FireScope in the Northern District of Texas.
T-Mobile (MetroPCS) – Counsel for T-Mobile in several patent litigations filed against the company alleging patent infringement. Jurisdictions include the District of Delaware, Southern District of California, Eastern District of Texas, and Southern District of New York.
Lexos Media – Counsel for Lexos Media in the Southern District of New York against Zynga relating to the infringement of patents covering cursor animation.
Realtime Data – Counsel for Realtime Data in the Southern District of New York, Eastern District of Texas, and Northern District of Illinois involving data compression technology used in the critical delivery of market data.
BTG International – Counsel for BTG International in the ITC (683) involving Multi-Level Cell flash memory chips against Samsung and others.
Good Technology – Counsel for Good Technology in the Southern District of New York involving technology relating to secure email connectivity.
Affiliated Computer Services – Counsel for Affiliated Computer Services in the District of Delaware against J.P. Morgan alleging patent infringement regarding technology involved in outsourced state- governed child support payments.
Freescale (now NXP) – Counsel for Freescale in the ITC (656) involving various chip manufacturing processes against LSI Corporation.
Articles & Publications
“COVID-19’s Influence On IPR Has Diminished,” Law360 (September 29, 2020)
“New Trend In IPR Institution Appealability Demands Scrutiny,” Law360 (May 29, 2020)
“Latest IPR Trends Mostly Favor Patent Owners,” Law360 (February 24, 2020)
“More Courts Are Applying IPR Estoppel Expansively,” Law360 (May 17, 2019)
“IPR Estoppel Increasingly Applies,” Law360 (February 25, 2019)
Speaking Engagements
“Building and Structuring a Successful Global IP Litigation Program,” Licensing Executive Society Annual Conference (September 24, 2018)
“The Not So (Trade) Secret Issues Faced by Huawei, Quicken, and Uber, Licensing Executive Society Annual Conference (October 21, 2019)